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Privacy Policy

Effective: 4/14/2003

This Notice describes how medical information about you may be used and disclosed (shared) and how you can get access to (see and copy) this information.

PLEASE REVIEW IT CAREFULLY

Helomics Corporation (Helomics ) understands that your health information is private and personal. We create and maintain a record with information about you in regard to the service we provide to your physician(s). We need this information to provide this service and to comply with the law. This Notice of Privacy Practices (Notice) applies to all information about you that is received, maintained, or created because of the service Helomics provides. This includes information that Helomics receives from doctors and medical facilities. This Notice tells you about the ways we may use and share your health information, as well as the rights you have in regard to your health information under federal (United States) and state (Pennsylvania) laws. In this Notice, the words "we," "us," and "our" mean Helomics and all the people that make up Helomics, which are described below.

HELOMICS is required by law to:

•    make sure that information that identifies you is kept private

•    make available to you this Notice that describes the ways we use and share your health information as well as your rights under the law about your health information

•    follow the Notice that is currently in effect.

Uses and disclosures

The law permits us to use and share your health information in certain ways. The list below tells you about different ways that we may use your health information and share it with others. The list also includes some examples of what we mean. When sharing this information with others outside of Helomics, we share what is reasonably necessary, unless we are sharing information to help treat you, in response to your written permission, or as the law requires.

We share all information that you, your health care provider, or the law has asked for. We will use health information that does not identify you whenever possible. Every possible example of how we may use or share information is not listed below; however, all of the ways we are permitted to use and share information fall into one of the groups below.

Treatment: Information about you will originate from various sources including, but not limited to, the test order as submitted by your physician, your insurance information, and corresponding pathology reports. We may use your health information to provide your physician with the service requested. We may share your health information with people and places that provide treatment to you.

Payment: In order to receive payment for the service Helomics provides, we may use and share your health information with your insurance company or a third party.

Health Care Operations: We may share your health information among the members of our workforce or with business associates (see below) to fulfill your physicians request and provide the service requested.

Business Associates: We may share your health information with others called "business associates," who perform services on our behalf. The business associate must agree in writing to protect the confidentiality of the information. For example, we may share your health information with a billing company that bills for the service we provided.

As Required by Law
In the following situations, the law either permits or requires us to use or share your health information with others. We will share your health information when federal, state, or local law requires us to do so.

We may share your health information in response to an administrative or court order, a subpoena, a discovery request, or other legal process if we are advised that you have been made aware of the request or we receive notice either that you agree or, if you disagree with the request, that you are taking action to prevent the disclosure.

We may share your health information with a law enforcement official or authorized individuals (1) to comply with laws, including laws that require the reporting of injury or death suspected to have been caused by criminal means, (2) in response to a court order, warrant, subpoena, or summons, or (3) in emergency situations.

Special Government Purposes
Helomics may use and share your health information with certain government agencies, such as:

National Security and Intelligence: We may share your health information with authorized federal officials for intelligence, counter-intelligence, and other national security activities authorized by law.

Health Oversight: We may share your health information with a health oversight agency for purposes of (1) monitoring the health care system, (2) determining benefit eligibility for Medicare, Medicaid, and other government benefit programs, and (3) monitoring compliance with government regulations and civil rights laws

Consent required for uses and disclosures. We may use and share your health information for research if you provide us with your written permission to do so. Whenever possible, Helomics will remove any information that would personally identify you prior to releasing the information. In the rare instance that a researcher would require health information that might specifically identify you, Helomics would require the researcher to sign a written agreement, which states that the researcher will not share the information with anyone else, will not try to contact you, and will obey other requirements to protect the health information, as the law requires. You may cancel this permission, in writing, at any time. If you cancel your permission, we will no longer use or share your health information outside the context of treatment, payment, and healthcare operations. However, we are unable to take back any information that we have already shared with your permission.

The law gives you the following rights about your health information:

Right to Ask to See and Copy. You have the right to ask to see and copy the health information that we used to fulfill our service commitment to your physician. Your request must be in writing and given to your doctor. You can call your doctor's office or the place where you were treated, or Helomics, to find out how to do this. If you ask to see or copy your health information, you may have to pay for costs for copying, mailing, or other costs. As Helomics is an independent laboratory, we may tell you that you cannot see or copy some or all of your health information. If this were to occur, we would suggest that you speak directly with the physician that ordered our service. Laws in the state of Pennsylvania require that test results only be released to the physician that ordered the test.
Right to Ask for a Correction. If you feel that health information we have about you is incorrect or incomplete, you may ask us to correct the information. You have the right to ask for a correction. You must put your request in writing. We have the right to refuse your request if you ask us to correct information that (1) was not made by us, unless the person or place that originally made the information is no longer available to make the correction, (2) is not part of the health information kept by or for Helomics (3) is not part of the information you are permitted by law to see and copy, or (4) we decide is correct and complete.

Right to Ask for an Accounting of Disclosures. You have the right to ask us for an "accounting of disclosures." This is a list of those people that have received your health information. This right does not include information shared for treatment, payment, or health care operations or when you have provided us with permission to release your health information. You must put your request in writing. You must include in your written request how far back in time you want us to go. It may not be longer than six (6) years and may not include dates before April 14, 2003, which is the date by law we are required to begin keeping track of the disclosures. Helomics has six months from the date of the request to complete an accounting of disclosures.

Right to Ask for Limits on Use and Sharing. You have the right to ask us to limit the health information we use or share with others about you for treatment, payment, or health care operations. You also have the right to ask us to limit health information that we share with someone who is involved in your care or payment for your care, like a family member or friend. You can call Helomics to get instructions on how to submit such a request. In your written request, you must tell us (1) what information you want to limit, (2) whether you want to limit our use, disclosure, or both, and (3) the person or institution the limits apply to (for example, your spouse). We are not required to agree to your request. If we do agree to your request, we will not follow your request if the information you asked us to limit is needed to give you emergency treatment.

Right to Ask for Confidential Communication. You have the right to ask that we contact you about your health information in a certain way or at a certain location that you believe provides you with greater privacy. You can ask that we contact you at work or by mail. Your request must state how or where you wish to be contacted. You must make your request in writing. You do not need to provide a reason for your request. We will comply with all reasonable requests.

Right to Ask for a Paper Copy of This Notice. You have the right to a paper copy of this Notice. You may ask us to give you a copy of this Notice at any time. You can get a copy of this Notice at our Web site. To obtain a paper copy of this Notice, e-mail the privacy officer at info@helomics.com or contact Helomics by postal mail:

Helomics 
Attention: Privacy Officer
91 43rd Street, Suite 220
Pittsburgh, PA 15201

Violation of privacy rights

If you believe your privacy has been violated by us, you may file a complaint directly with us. You can do this by contacting the Privacy Officer via email to info@helomics.com or by postal mail:

Helomics
Attention: Privacy Officer

91 43rd Street, Suite 220

Pittsburgh, PA 15201

You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services. To file a complaint with the Secretary of Health and Human Services, you must (1) name the entity or person that you believe violated your privacy rights and describe how that place or person violated your privacy rights, and (2) file the complaint within 180 days of when you knew or should have known that the violation occurred. All complaints to the Secretary of the U.S. Department of Health and Human Services must be in writing and addressed to:

U.S. Department of Health and Human Services
200 Independence Avenue, SW
Washington, DC 20201

You will not be penalized for filing a complaint.
Changes to this Notice
Helomics has the right to change this Notice. We have the right to make the revised or changed Notice effective for health information we already have about you and for any future health information. We will post a copy of the revised Notice on our Web site and a paper copy will be made available to you upon request.

Questions about this policy or Helomics privacy practices Should you have any questions about this policy or our privacy practices, please send an e-mail to the privacy officer at info@helomics.com or write to us at:

Helomics
Attention: Privacy Officer
91 43rd Street, Suite 220
Pittsburgh, PA 15201